Australian Capital Territory
Powers of Attorney Regulation 2007 (No 2)    
SL2007-11
made under the
Powers of Attorney Act 2006
Republication No 1
Effective:  30 May 2007 – 5 September 2007
Republication date: 30 May 2007
Last amendment made by SL2007-12
(republication for new regulation and
amendments by SL2007-12)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Powers of Attorney Regulation 2007 (No 2), made under the Powers of Attorney Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 May 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 30 May 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Powers of Attorney Regulation 2007 (No 2)
made under the
Powers of Attorney Act 2006
    
Contents
	Page

	1	Name of regulation	2
	3	Modification of Act, ch 20, new section 152A––Act, s 156	2
	4	Modification of Act, ch 20, new sections 152B and 152C—Act, s 156	3
Endnotes
	1	About the endnotes	4
	2	Abbreviation key	4
	3	Legislation history	5
	4	Amendment history	5

Australian Capital Territory
Powers of Attorney Regulation 2007 (No 2)     

made under the
Powers of Attorney Act 2006

    

  

  

1	Name of regulation
This regulation is the Powers of Attorney Regulation 2007 (No 2).
3	Modification of Act, ch 20, new section 152A––Act, s 156
The Act, chapter 20 (Transitional provisions) is modified by inserting the following:
152A	Transitional––powers of attorney forms under previous Act, sch 1
	(1)	This section applies to a general power of attorney or enduring power of attorney made on or after the commencement day and before 1 December 2007 using a form under the previous Act, schedule 1.
	(2)	This Act applies to the power of attorney.
	(3)	However, if the power of attorney when made complied with the previous Act, the power of attorney—
	(a)	is not taken to be invalid only because it does not comply with a provision of this Act about the making of powers of attorney; and
	(b)	to remove any doubt, operates to the extent that it is not  otherwise inconsistent with this Act.
	(4)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
4	Modification of Act, ch 20, new sections 152B and 152C—Act, s 156
The Act, chapter 20 (Transitional provisions) is modified by inserting the following:
152B	Transitional—powers of attorney to consent to body part donations etc under previous Act 
	(1)	This section applies to an enduring power of attorney in force immediately before the commencement day if the power of attorney includes a power to consent to a donation under the previous Act, section 13 (1) (b) (ii).
	(2)	Despite section 35 (b) (Things that cannot be lawfully done by attorneys), the power of attorney continues to authorise the attorney to consent to the donation.
	(3)	This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
152C	Meaning of health care matter
Section 12 applies as if example 2 were omitted and the following example substituted:
2	donations (other than donations of non-regenerative tissue) under the Transplantation and Anatomy Act 1978 by the principal to someone else

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Powers of Attorney Regulation 2007 (No 2) SL2007-11
notified LR 24 May 2007
s 1, s 2 commenced 24 May 2007 (LA s 75 (1))
remainder commenced 30 May 2007 (s 2)
as amended by
Powers of Attorney Amendment Regulation 2007 (No 1) SL2007-12 s 4
notified LR 29 May 2007
s 1, s 2 commenced 29 May 2007 (LA s 75 (1))
s 4 commenced 30 May 2007 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Modification of Act, ch 20, new sections 152B and 152C—Act, s 156
s 4	ins SL2007-12 s 4

©  Australian Capital Territory 2007